- 20 Marks
Question
a. The parties to employment relationship have duties and rights to protect their interests.
Required:
State FOUR remedies that are available to an employer when his employee breaches his duties. (6 Marks)
b. The Companies And Allied Matters Act (CAMA) has provisions for incorporated trustees.
Required:
State THREE grounds upon which a Court would dissolve a body with incorporated trustees. (6 Marks)
c. An e-mail message requires authentication to be admissible in evidence.
Required:
State TWO ways of authenticating an e-mail message. (2 Marks)
d. Consideration is an essential element of a contract.
Required:
State THREE rules that govern Consideration. (6 Marks)
Answer
a. The remedies that are available to an employer when his employee breaches his duties include to:
i. dismiss the employee where the servant has committed an offence;
ii. suspend the servant for breach of duty or some defaults;
iii. sue the servant for indemnity in respect of losses incurred as a result of the servant‟s negligence or default; and
iv. sue the servant in order to enforce reasonable restraint of trade.
b. The grounds upon which a Court could dissolve an incorporated trustee body are that:
i. it is just and equitable in all the circumstances that the body be dissolved;
ii. the body corporate is formed to exist for a specified period and that period has expired and it is not necessary for it to continue to exist;
iii. the aims and objectives for which it was established have been fully realised and no purpose would be served by keeping the corporation alive; and
iv. the aims and objects of the association have become illegal and contrary to public policy.
c. An e-mail message could be authenticated by:
i. the testimony of the author;
ii. comparing the e-mail message with other self-authenticating e-mail messages;
iii. some peculiar features of the very disputed e-mail message such as the existence of an e-mail address on the print out;
iv. a witness who has knowledge of the exchange of e-mail, just as if he had knowledge of exchange of written letters;
v. oral evidence of the recipient of the e-mail that he actually received the disputed mail; and
vi. evidence that the message in the e-mail tallies with other admitted telephone discussions involving that party.
d. The rules that govern consideration in contract are as follows:
i. consideration must be something of value;
ii. consideration need not to be adequate, but sufficient;
iii. consideration must move from the promisor, but not necessarily to the promisee;
iv. consideration may be executory or executed; and
v. consideration must not be past.
- Topic: Employment law
- Series: MAY 2025
- Uploader: Salamat Hamid